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FARBER v. C. I. R.

No. 12, Docket 27436.

312 F.2d 729 (1963)

Jack and Celia FARBER, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided January 11, 1963.

Attorney(s) appearing for the Case

Bernard J. Long, Washington, D. C. (Dow, Lohnes & Albertson), Washington, D. C. (Richard P. Milloy, Washington, D. C., on brief), for petitioners.

David O. Walter, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice), Washington, D. C., for respondent.

Before CLARK, FRIENDLY and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

Jack and Celia Farber, the latter of whom is involved only through the filing of joint returns, petition for review of a decision of the Tax Court, 36 T.C. 1142 (1961), by Judge Atkins, review of which by the full court evoked a dissent from Judge Drennen. The issue is whether the gain realized by Farber (sometimes hereafter "the taxpayer" or "petitioner") from the sale of 100 shares of Eagle Mount Corporation...

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